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(영문) 수원지방법원 여주지원 2017.08.22 2017고정197

채권의공정한추심에관한법률위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 2, 2016, the Defendant lent KRW 2,00,000 to the victim B before the police box located in a lag, which was a lava, which was a lava, which was a lava, in

No creditor of a claim shall engage in any act that seriously undermines privacy by repeatedly or at night, texting words, etc. to reach an obligor without justifiable grounds, in connection with the collection of claims, thereby inducing fear or apprehensions.

Nevertheless, on June 23, 2016, from around 22:58 to 23:46, the Defendant sent seven telephone call out from the Defendant’s home located in Gyeonggi-gun C, to the victim’s cell phone for the purpose of collecting claims. On June 24, 2016, the Defendant called the victim’s cell phone at around 00:40 on June 24, 2016, with the victim’s cell phone from the above Defendant’s home to the victim’s cell phone, and sent money to the victim “SYY, I am, I am, and I am for the same year.

I have expressed a desire, such as “I see”.

As a result, the defendant committed an act that seriously undermines the peace of privacy by inducing fear or apprehension of the victim by telephoneing the victim at night in relation to the collection of claims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. Each fact-finding certificate and a detailed statement of deposit transactions;

1. Photographss, photographs and statements of mobile phone calls;

1. Complaint;

1. Application of investigative reports (verification of debt amount to complainants) Acts and subordinate statutes;

1. Article 15 (2) 2 of the Act on the Fair Debt Collection Practices and Article 15 (2) 3 of the same Act and Article 9 of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although it is not good to commit the instant crime committed by the Defendant on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the punishment as ordered shall be determined in light of the fact that the Defendant agreed with the victim, and the degree of fear and apprehension that the victim would have been suffering due to the instant crime.